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2025 DAILYLAW 15765 (UTT)

KM. KALPANA v. STATE OF UTTARAKHAND

WPCRL/1393/2025 · 2025-11-07

G Narendar, Subhash Upadhyay

body2025

Judgment text

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2025:UHC:9832-DB I N THE HI GH COURT OF UTTARAKHAND AT NAI NI TAL HON’BLE THE CHI EF JUSTI CE SRI G. NARENDAR AND HON’BLE SRI JUSTI CE SUBHASH UPADHYAY W RI T PETI TI ON ( CRL) NO. 1 3 9 3 OF 2 0 2 5 0 7 TH NOVEMBER, 2 0 2 5 Kalpana & another …..Petitioners. Versus State of Uttarakhand & others ….Respondents. Counsel for the Petitioners : Mr. Bilal Ahmeh, learned counsel through video conferencing. Counsel for the State : Mr. R.K. Joshi, learned Brief Holder. Th e Cou r t m ade t h e follow in g : JUDGMENT:( per Hon ’ble The Chief Ju st ice Sr i G. Nar en dar ) Heard learned counsel for the petitioners, and learned Deputy Advocate General for the State of Uttarakhand. 2. It is submitted that both the petitioners belong to the different religion, and that the petitioners developed a liking for each other, and want to perform inter religion marriage, and now both the petitioners are living together. Since the family members and others relatives of the first petitioner are against this marriage, they are giving out threats to kill both the petitioners. Petitioners submit that they are facing stiff resistance, and they seriously apprehend threat to their life and limb from the family and other relatives of the first petitioner, and hence they are before this Court praying for protection. 3. The documents on record reveal that both the petitioners are major. 2025:UHC:9832-DB 4. In that view of the matter, and in view of the ruling of the Hon’ble Supreme Court in the case of Lat a Sin gh v. St at e of U.P. an d an ot h er , ( 2 0 0 6 ) 5 SCC 4 7 5 , the petitioners have made out a case for grant of protection. 5. The Station House Officer, Police Station Jwalapur, District Haridwar is directed to assess the threat, if any, to the life and limb of the petitioners, and provide necessary protection, if it is found that there is a threat to the life and limb of the petitioners. The SHO is further directed to summon the private respondents, and such other persons, who are inimically placed towards the marriage of the petitioners, and counsel them, in accordance with law. 6. The Writ Petition stands ordered accordingly. 7. Pending application, if any, also stands disposed of. ( G. NARENDAR, C.J.) ( SUBHASH UPADHYAY, J.) Dated: 07th November, 2025 NISHANT